BC courts are telling cops to return pot and equipment seized from medical users. On January 17, BC Supreme Court Judge Linda Loo told police to return 51 marijuana plants to medpot exemptee Brian C., proprietor of the Holy Smoke Society, a lower-mainland compassion club. Then, on January 27, Provincial Court Judge Dan Moon ordered RCMP to return grow equipment and 3/4 of a pound of medical marijuana to Steve Kubby, who only won a medpot exemption after the raid on his home last year. Kubby says his case is precedent setting because it is the first time a judge has ordered the return of cannabis seized from someone who didn’t have an exemption at the time of the raid.
“What it really boils down to is the laws that now exist, plus the decisions in the BC Supreme Court, mean that someone who can qualify for an exemption in the future deserves all the rights and privileges as someone who holds an exemption today,” Kubby told Cannabis Culture.
Judge Moon had previously told the RCMP that they should return Kubby’s medical cannabis and grow equipment, but the police refused to play ball without a court order. The Canadian Department of Justice authorized Prosecutor Don Fairweather to support the court order and Fairweather promised to speak to the RCMP to expedite the return of Kubby’s healing stash.
Meanwhile, Brian C. is still waiting for cops to give him back his plants. According to Kubby, Brian will visit the police station today – January 27 – to demand their return.